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Judgment
10 paragraphs · 508 words@JUDGEMENT- JUDGEMENT
Kuldeep Mathur, J
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.110/2018, registered at Police Station Balesar, District Jodhpur Rural, for the offences under Sections 8/15 and 25 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the contraband (Poppy husk) weighing 11 quintal, 40 kgs was recovered from the conscious possession of the co-accused - Devi Lal who has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 11.03.2019 in S.B. Criminal Misc. IInd Bail Application No.2293/2019. Learned counsel further submitted that on the basis of the disclosure statements of the co- accused Devi Lal, another co-accused - Banshi Ram was arrested by the Investigating Agency; co-accused - Banshi Ram has also been enlarged on bail by the co-ordinate Bench of this Court vide order dated 19.01.2019 in S.B. Criminal Misc. IInd Bail Application No.771/2019.
Learned counsel for the petitioner submitted that since the co-accused persons namely Devi Lal and Banshi Ram from whose conscious possessions contraband (greater than commercial quantity) was recovered have already been enlarged on bail by the co-ordinate Bench of this Court, the present petitioner who is in judicial custody since 04.02.2024 also deserves to be enlarged on bail.
Lastly, learned counsel for the petitioner submitted that the present petitioner does not have any case of a similar nature pending against him and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 11.03.2019 & 19.01.2019 respectively.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the contraband was not recovered from the conscious possession of the present petitioner; the present petitioner does not have any case of a similar nature pending against him. This Court also prima facie finds that co-accused persons have already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 11.03.2019 & 19.01.2019 respectively. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Shankarlal S/o Ramlal, arrested in connection with F.I.R. No.110/2018, registered at Police Station Balesar, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.